United States Nuclear Regulatory Commission - Protecting People and the Environment
Home > Nuclear Reactors > Power Reactors > Foreign Ownership, Control, or Domination (FOCD) of Commercial Nuclear Power Plants

Foreign Ownership, Control, or Domination (FOCD) of Commercial Nuclear Power Plants

Section 103d of the Atomic Energy Act of 1954, as amended (AEA) provide, in relevant part, that:

No license may be issued to an alien or any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government.  In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issue of a license to such person would be inimical to the common defense and security or to the health and safety of the public.

Section 104d of the AEA contains a nearly identical prohibition.  Section 50.38 of Title 10 of the Code of Federal Regulations (10 CFR) implements this statutory prohibition, providing that:

Any person who is a citizen, national, or agent of a foreign country, or any corporation, or other entity which the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government, shall be ineligible to apply for and obtain a license.

On this page:

This page includes links to files in non-HTML format. See Plugins, Viewers, and Other Tools for more information.

Implementing Regulations

10 CFR 50.38 Ineligibility of certain applicants.

10 CFR 52.75(a) Filing of applications.

10 CFR 54.17(b) Filing of application.

(To top of page)

Commission Guidance/Staff Requirements Memorandum (SRM)

SRM-SECY-12-0168 - Calvert Cliffs 3 Nuclear Project, LLC & UniStar Nuclear Operating Services, LLC (Calvert Cliffs Nuclear Power Plant, Unit 3), Docket No. 52-016-COL, Petition for Review of LBP-12-19

Staff Requirements - SECY-99-165 - Final Standard Review Plan Regarding Foreign Ownership, Control, or Domination of Applicants for Reactor Licenses

(To top of page)

Public Meetings

Date Description
08/21/2013

Webinar/Public Meeting to solicit input from industry and other interested groups on the Foreign Ownership, Control, or Domination requirement to support staff's effort to develop a Commission-directed policy paper.

06/19/2013

Public meeting to provide a fresh assessment on Foreign Ownership, Control, or Domination to provided conclusion in a policy paper to the Commission

(To top of page)

Page Last Reviewed/Updated Friday, December 13, 2013